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<br />PUBLIC LANDS Ch. 12
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<br />CII. 12 RECLAMATION AND IRRIGATION
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<br />43. !l 390c
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<br />lthorized, surveyed; planned, or construeted, or whieh would invol~"
<br />maJU' structural Ol>opei-atlonal changes' shall be made only upon the
<br />approval of Congress'. as now provided by law.
<br />
<br />(Pub.I.. 83-500, Title III; ~ 30t, July 3, 1958, 72 Stat. 319; Pub.I.. 81-88, ~ 10,
<br />Ju[y 20, 1961, 75 Stat. 210.)
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<br />nonfederal use, Congress did not also impose
<br />upon Corps the responsibility of determining
<br />"how nonfcderal interests should raise reve.
<br />nUes to pay for their costs. or responsibility to
<br />see that RODfOOeral in.terests equitably appor.
<br />tion such costs D:~ong themselves. Borough
<br />of Morrisville v. Delaware River Basin Com-
<br />mission, D.C.Pa.197S. .399 F.Supp. 469. af-
<br />firmed 532 F.2d 745.
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<br />Historical Note
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<br />References in Text. . The Reclamation
<br />Projects Act of 1939. referred to in subsec.
<br />(b). is Act Aug. 4, 1939, c. 418. 53 Slat. 1187,
<br />as amended, which is classified principally to
<br />subchapter X (sCl:tion 48:5 et scq.) of this
<br />chapter. For complete classification of this
<br />Act to the Code, see section 485k of this title
<br />and Tables volume.
<br />
<br />1961 Amendment. Subscc. (b). Pub.L.
<br />87-88 substituted provisions permitting not
<br />more than 30 per centum of1he total estimat.
<br />ed cost of any p'"toject to be allocated to
<br />anticipated future demands where State or
<br />local interests give reasonable assurances, and
<br />there is reasonable evidence, that such, ae-
<br />maods for the use of such storage will be
<br />made within a period of time which will
<br />permit paying out the costs aUocated to water
<br />supply ,vithin the life of the project for provi-
<br />sions which permitted not more than 30 per
<br />centum of the total estimated cost of any
<br />project 10 be allocated to anticipated future
<br />demands where States or Jocal interests give
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<br />reasonable assurance that they will contract
<br />for the use of storage for anticipated future
<br />, demands within a period of time which will
<br />permit paying out the costs allocated to water
<br />supply wilhin the !ife_of the project.
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<br />Short Title of 1961 Amendment. Section
<br />11 of Pub.L. 87-88 provided that: "This Act
<br />[amending this scetion, and scetions J ISI.
<br />1153 to 1IS5, 1151 to 1160, 1171 to t 173 of
<br />. Title 33. Navigation and Navigable Waters,
<br />and enactif"!8 provisions set out as notes under
<br />sections II S I, II S7, and II 59 of Title 33]
<br />ma>' be cited as the 'Federal Water POllution
<br />Conlrol Act Amendments of 1961':'
<br />
<br />Short Title, Section 302 of Pub.L. 85-S00
<br />provided that: "Title III of this Act [enacting
<br />this section] may ~ cited as the 'Water Sup.
<br />ply Act of 1958....
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<br />Legislative Histor)", For legislative history
<br />and purpose of Pub.L. 87-88, see 1961 U.S.
<br />Code Congo and Adm.News, p. 2078.
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<br />4. - Assurances of future demand
<br />
<br />Where one of purposes" of HilIs~ale dam
<br />project was to store water for domestic use by
<br />surrounding communities, evidence that state
<br />water resource board advised Corps of Engi-
<br />neers that it would have need for project's
<br />anticipated water supply, and that contract
<br />was entered into between state and local in-
<br />terests and United States concerning both
<br />present and future water supply and payment
<br />thereof. was sufficient to show that Corps had
<br />received "reasonable assurance" that there
<br />would be future demand for such water, with-
<br />in meaning of this chapter. Save Our Invalu-
<br />able Land (SOIL), Inc. v. Needham, C.A.
<br />Kan.1976. 542 F.2d 539.
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<br />~. - Repayment
<br />This section does not require 'county water
<br />agency to begin paying for its storage space
<br />when it relealies water for nonconsumptive
<br />'purposes, including power generation. City
<br />of Ukiah, Ca!. v. F.E.R.C., t984. 729 F.2d
<br />793, 234 U.S.App.D.C. 307.
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<br />6. Moot qu'estions
<br />City's appeal from order of State Board of
<br />Water Engineers denying city's application
<br />for permit to appropriate, for municip.~t .pur-
<br />poses, 100,000 acre-feel of wllter per annum
<br />of unappropriated water to be stored in pro-
<br />posed river dam and reservoir did not become
<br />moot by vinue of fact that United States had
<br />entered into contract with river authority
<br />granting authority right to utilize storage
<br />space in reservoir, or fact that city's applica-
<br />tion described a dam and reservoir larger
<br />than the one finally_ approved by United
<br />States, or fact 'that city had applied for more
<br />_ water than was available or fact that con-
<br />struction of smaller dam had been started.
<br />City of San Antonio v. Board of Water Engi-
<br />neers of Tex., Tex.Civ.App.1960. 334 S.W.2d
<br />325. ref. n.r.e.
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<br />9 390c. Water reservoirs; interests of States and loeal ageneies
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<br />in storage space
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<br />Cognizant that many States and local interests have in the past eontribut-
<br />ed to the Government, or have eontraeted to pay to the Government over a
<br />speeified period of years, money equivalent to the eost of providing for them
<br />water storage space at Government.owned d;1ffiS and reservoirs, constructed
<br />by the Corps of Engineers of the United States Army, and that sueh
<br />praetiees will eontinue, and, that no law defines the duration of their
<br />interest in sueh storage' spaee, and realizing that sueh States and loea[
<br />interests assume the obligation of paying substantially their portion of the
<br />eost of providing such faeilities, their right 10 use may be eontinued during
<br />the existence of the faeility as hereinafter provided.
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<br />(Pub.L. 88-140, ~ [, Oct. [6, [963, ,77 Stat. 249.)
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<br />Cross References I
<br />Water conservation plan requirement applied to non-Federal recipients wilh water sen'ice
<br />. contracts pursuant to this section, see scelioD 390jj of this title.
<br />Written agreement with non-Federal interest for construction of water resources project.
<br />inapplicability of requirement to assurances for future demand requirement under lhis
<br />section, see section 1962d-5b of Title 42, The Public HealtJJ and Welfare.'
<br />
<br />Code of Federal Regu[ations
<br />Nondiscrimination in federally.assisted programs of the Department of Defense, see 32 CFR
<br />300.1 et seq.
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<br />Notes '.of Decisio~s
<br />2. Purpose. of project
<br />Subsec. (b) of this section alJ(horizing stor.
<br />age as a part of any, reservoir project sur-
<br />veyed, planned, and constructed to impound
<br />water for present or anticipated future de-
<br />mand or need for municipal or industrial
<br />water does not authorize contracts to be en-
<br />tered into to store water solely for recreation-
<br />al purposes. Jicarilla Apache Tribe v. 'U.S.,
<br />C.A.N.M.t981, 651 F.2d t 126.
<br />3. Construction or modification costs-Gen.
<br />erally
<br />In authorizing Corps of Engineers, under
<br />this section, to build stcrage faciliti:s for
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<br />Construction or modification costs
<br />GeneraUy 3
<br />_ . A-ssurance.s of future demand 4
<br />Repayment 5
<br />Moot questions 6
<br />Polic)' 1
<br />Purpose or projecl2
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<br />1. Policy
<br />This section estabJishes policy that .'non-
<br />federal" interests should have .primary re-
<br />sponsibility for developing water supplies.
<br />Borough of Morrisville v. Delaware River
<br />Basin Commission. D.C.Pa.1975. 399 F.Supp.
<br />469, affirmed 532 F.2d 745.
<br />
<br />Historical Note
<br />
<br />Leglslathe History. For legislative history
<br />and purpose of Pub.L. 88-140, see 1963 U.S.
<br />Code Congo and Adm.News, p. 998.
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<br />Cross References
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<br />Leases or agreements revised to evidence conversion of rights to use of storage rights, see
<br />section 390f of this title.
<br />Sections 390c 10 390f of this tide applicable to aU dams and reservoirs constructed by United
<br />States Government where either construction costs contributed by local interests or local
<br />interests acquired rinhts 10 utilize certain storage space thereof, see section 390d of this
<br />title.
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